Fuel Sales Grants Regulations 2000

Fuel Sales Grants Regulations 2000

Statutory Rules 2000 No. 161 as amended

made under the

Fuel Sales Grants Act 2000

This compilation was prepared on 5 July 2001
taking into account amendments up to SR 2001 No. 189

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of Regulations [see Note 1] 

 2 Commencement 

 3 Interpretation 

 4 Urban centres/localities 

 5 Meaning of eligible location (Act s 4) 

 5A Vessels 

 6 Amounts of fuel sales grant (Act s 8) 

Notes 

1 Name of Regulations [see Note 1]

  These Regulations are the Fuel Sales Grants Regulations 2000.

2 Commencement

  These Regulations commence on 1 July 2000.

3 Interpretation

 (1) In these Regulations:

Act means the Fuel Sales Grants Act 2000.

fuel site means premises at which fuel is sold by retail to the end user of the fuel.

metropolitan area means an area that:

 (a) has an ARIA score of zero; and

 (b) is specified in the table in regulation 4.

non-metropolitan area means an area of land that does not include:

 (a) a metropolitan area or a part of a metropolitan area; or

 (b) a remote area or a part of a remote area.

remote area means an area of land that has an ARIA score that is greater than 5.8.

 (2) In subregulation (1), a reference to the ARIA score for an area is a reference to the score for the area in accordance with the edition of Measuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA) that was last published by the University of Adelaide before 1 July 2000.

Note 1   ARIA is a publication of the National Key Centre for Social Applications of Geographical Information Systems of the University of Adelaide. It is an Occasional Paper in New Series No. 6 published by that University.

Note 2   ARIA produces scores that vary from zero (high accessibility) to 12 (high remoteness).

 (3) A location that abuts a road (or the road reserve) the centre line of which is the boundary between a metropolitan area and a non-metropolitan area is taken to be in the non-metropolitan area.

 (4) A location that abuts a road (or the road reserve) the centre line of which is the boundary between a non-metropolitan area and a remote area is taken to be in the remote area.

 (5) If, along a continuous road:

 (a) a fuel site in a metropolitan area (site 1) is located between at least 2 other fuel sites in a non‑metropolitan area; and

 (b) each of the other fuel sites is not more than 5 kilometres from site 1 —

  site 1 is taken to be in the non-metropolitan area.

 (6) Subregulation  (5) applies:

 (a) whether or not parts of the continuous road have different names; and

 (b) whether or not 1 or more fuel sites are located in a metropolitan area between site 1 and any of the 2 other sites in the non-metropolitan area.

4 Urban centres/localities

  For the purposes of the definition of metropolitan area in subregulation 3 (1), the following areas listed as urban centres/localities in the Statistical Geography: Volume 3 — Australian Standard Geographical Classification (ASGC) Urban Centres/Localities (published by the Australian Bureau of Statistics), as in force on 30 June 2000, are specified:

5 Meaning of eligible location (Act s 4)

  An eligible location is a non-metropolitan area or a remote area.

5A Vessels

 (1) If:

 (a) a vessel (the receiving vessel) receives fuel from another vessel in the coastal sea; and

 (b) the fuel has been sold to the operator of the receiving vessel; and

 (c) the receiving vessel is the end user of the fuel; and

 (d) the closest land to the receiving vessel is part of a metropolitan area —

  the receiving vessel is taken to be in the metropolitan area.

Note   Coastal sea is defined in subsection 15B (4) of the Acts Interpretation Act 1901.

 (2) If:

 (a) a vessel (the receiving vessel) receives fuel from another vessel in the coastal sea; and

 (b) the fuel has been sold to the operator of the receiving vessel; and

 (c) the receiving vessel is the end user of the fuel; and

 (d) the closest land to the receiving vessel is part of a non-metropolitan area —

  the receiving vessel is taken to be in the non‑metropolitan area.

Note   Coastal sea is defined in subsection 15B (4) of the Acts Interpretation Act 1901.

 (3) If:

 (a) a vessel (the receiving vessel) receives fuel from another vessel in the coastal sea; and

 (b) the fuel has been sold to the operator of the receiving vessel; and

 (c) the receiving vessel is the end user of the fuel; and

 (d) the closest land to the receiving vessel is part of a remote area —

  the receiving vessel is taken to be in the remote area.

Note   Coastal sea is defined in subsection 15B (4) of the Acts Interpretation Act 1901.

6 Amounts of fuel sales grant (Act s 8)

 (1) The amount of fuel sales grant in respect of the sale of fuel in a payment period in a non-metropolitan area is 1 cent for each litre of the fuel sold in the period.

 (2) The amount of fuel sales grant in respect of the sale of fuel in a payment period in a remote area is 2 cents for each litre of the fuel sold in the period, together with any additional amount worked out under subregulation (3).

 (3) The additional amount for subregulation (2) is 1 cent for each litre of the fuel sold during the payment period if either:

 (a) the following conditions apply (first claim):

 (i) the claimant offered for sale fuel of that kind for not less than $1.21 for a litre during a period of 4 weeks that ended immediately before making the claim for the additional amount; and

 (ii) immediately after making the claim:

 (A) the claimant has continued to offer for sale fuel of that kind for not less than $1.20 for a litre; and

 (B) fuel of that kind has been offered for sale for not less than $1.20 for a litre by other persons (if any) in comparable locations; or

 (b) the following conditions apply (subsequent claim):

 (i) the claimant has made a previous claim under paragraph (a); and

 (ii) since making that claim:

 (A) the claimant has continued to offer for sale fuel of that kind for not less than $1.20 for a litre; and

 (B) fuel of that kind has been offered for sale for not less than $1.20 for a litre by other persons (if any) in comparable locations.

 (4) In this regulation:

comparable location, in relation to the location at which a claimant sells fuel, means a location:

 (a) that is nearby; and

 (b) to which the fuel is transported at a similar cost.

 (5) However, the Commissioner may decide, in case of doubt, that a location qualifies as a comparable location.

Notes to the Fuel Sales Grants Regulations 2000

Note 1

The Fuel Sales Grants Regulations 2000 (in force under the Fuel Sales Grants Act 2000) as shown in this compilation comprise Statutory Rules 2000 No. 161 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments